Constructive Discharge

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In Schulman v. The Department of Education of the City of New York, No. 24 CIV. 8322 (AT), 2026 WL 573298 (S.D.N.Y. Mar. 2, 2026), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s employment discrimination claim. This decision provides an instructive overview of the “adverse employment action” element of this cause of action.…

Read More Employment Discrimination Claim Dismissed; Adverse Action, Constructive Discharge Insufficiently Alleged
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In Equal Employment Opportunity Commission v. Sunrooms and More Design Center, Inc., No. CIV-24-01016-PRW, 2026 WL 483481 (W.D. Okla. Feb. 20, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized plaintiff’s allegations as follows: Shannon…

Read More Title VII Sex-Based Hostile Work Environment Claim Sufficiently Alleged, Court Finds
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In Egan v. Ballantyne Country Club, No. 3:25-CV-00373-KDB-DCK, 2026 WL 377867 (W.D.N.C. Feb. 11, 2026), the court, inter alia, dismissed plaintiff’s claim of quid pro quo sexual harassment under Title VII of the Civil Rights Act of 1964. From the decision: In her next claim, Egan alleges that BCC violated Title VII when Dougherty made…

Read More Quid Pro Quo Sexual Harassment Claim Dismissed; Court Cites Failure to Allege Exercise of Authority to Alter Term or Condition of Employment
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In Ramirez v. City of New York, No. 24-CV-1061 (AS), 2026 WL 18678 (S.D.N.Y. Jan. 2, 2026), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s retaliation (but not disability discrimination) claim under the Rehabilitation Act. From the decision: The test for retaliation under the Rehabilitation Act has four parts: (1) the…

Read More Retaliation Claim, Based on Denial of Accommodations Following Filing of Lawsuit, Survives Summary Judgment
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In Cassel v. Truss Communications, Inc., 2025 WL 2882054 (N.D.Okla. Oct. 9, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under the Americans with Disabilities Act. From the decision: The ADA recognizes certain mental health conditions as qualifying disabilities. See 29 C.F.R. 1630.2(h) (“mental impairment means ……

Read More ADA Hostile Work Environment Claim Dismissed; Mental Health, Obesity Not Shown to Qualify as Statutory “Disabilities”
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In Varney v. Health Carousel, LLC, Case No. 1:24-cv-624, 2025 WL 2605783 (S.D.Ohio Sept. 9, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s pregnancy/lactation-related hostile work environment constructive discharge claim asserted under Title VII of the Civil Rights Act of 1964. This decision underscores that, when evaluating hostile work environment claims, it…

Read More Pregnancy/Lactation-Related Hostile Work Environment Claims Survive Dismissal
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In Niemotko v. Mount St. Mary Coll., 2025 NY Slip Op 04658 (N.Y. App. Div. 2 Dept. Aug. 13, 2025), the court, inter alia, affirmed the summary judgment dismissal of plaintiff’s hostile work environment claim asserted under the New York State Human Rights Law. From the decision: A plaintiff claiming a hostile work environment animated…

Read More Hostile Work Environment Claim Properly Dismissed, 2nd Dept. Holds
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In Gathers v. K & K Family Ventures, LLC, Case No. 2:24-cv-4422-RMG, 2025 WL 892773 (D.S.C. March 24, 2025), the court declined to adopt a Magistrate’s Report & Recommendation, and held that plaintiff sufficiently alleged a constructive discharge claim, arising from alleged sexual harassment. From the decision: The Court declines to adopt the portion of…

Read More Constructive Discharge Claim, Based on Sexual Harassment, Sufficiently Alleged
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In Borden v. City of New York, 23-CV-8330 (RPK) (CLP), 2025 WL 754147 (E.D.N.Y. March 10, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s sex-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff’s non-time barred allegations do not plausibly amount to…

Read More Sex-Based Hostile Work Environment Claims Dismissed; Alleged Sexual Innuendo, Grabbing Were Not “Severe” or “Pervasive”
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